IRS announced March 20, 2025- If you claimed the ERC without reducing your wage expenses and received the credit in a later tax year, you should address the overstated wage expense. According to the IRS, you are not required to file an amended return to correct the overstated wage expenses. Instead, you can include the overstated wage expense amount as gross income on your income tax return for the tax year when you received the ERC. This approach aligns with the tax benefit rule, which requires taxpayers to include previously deducted amounts in income when a later event is fundamentally inconsistent with the premise on which the deduction was based.
In September 2023, the Internal Revenue Service (IRS) announced the issuance of a moratorium on the processing of new Form 941-X amended returns that contain Employee Retention Tax Credit (ERC) claims through December 31, 2023.
Our connections are currently reviewing the Voluntary Disclosure Program that the IRS announced on December 21, 2023 to determine how we can assist clients who want to pay back the money they received after filing an ERC claim. We will work directly with those clients to support them through this process ahead of the March 22, 2024 deadline.
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